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Tuesday, 12 December 2017

BENCH GOT IT WRONG

I suppose upon some reflection that I have commented here when it has seemed apposite on sentences being too weak rather than the reverse.  Today I find myself in the opposite corner. Curfew is a useful sentence because it is a deprivation of liberty and can be applied immediately upon a finding of guilt without the need to have a pre sentence report.  For those reasons it is essential that the bench takes on an inquisitorial role to ensure that the punishment fits the crime and the offender fits the punishment.  At least that is the way in which I personally approached such a disposal. For a bench to impose a curfew on a grandmother of previous good character who deprived the DHSS of £12,500, a relatively small amount for an offence  in such circumstances, is a disgrace. The report does not state under which section of the law she was charged.  If defence lawyer did not immediately appeal against sentence she ought to be ashamed as should the bench for the imposition of a sentence which was totally unsuitable in the circumstances.
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1 comment:

  1. Anonymous12 December 2017 at 14:30

    Cant see your argument. £12,500 of taxpayers money, Grandmother- so what, seemed to be able to complete the application for benefits, only had to inform the benefit office her circumstances had changed. 7pm to 7am hardly harsh, got to wear a tag - where trousers its winter. Given relief for social gatherings, hardly a harsh bench! £85 costs, must have entered a guilty plea.
    I think the bench got it about right.

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